Following the National-led Governments recent announcement of its
latest attack on employee and union rights/entitlements, it is clear an
active campaign will ensue against the proposed changes. NZNO will be
actively engaged in this campaign. It is important that in the
negotiation of collective agreements, clauses are included that may go
some way to future-proofing members against any legislative changes the
present government may seek to make.

Fire-at-will provisions

It is currently lawful to "Contract-out" of the
fire-at-will (90-day trial period) provisions under s67A of the
Employment Relations Act (ERA). If is possible this ability to
contract-out will be duplicated in the amending legislation extending
the current application of the provision to care all workplaces.

It is important to insert in the personal grievance section of all
collective agreements a clause stating: "All employees shall be
entitled to raise a personal grievances claim of unjustified dismissal
regardless of whether or not an employee has been employed for more than
90 days."

Union access

The proposals to make union access to workplaces conditional on the
agreement of the employer is a serious attack on union/union
members' rights and entitlements. This gives an employer implicit
approval to deny access and seek to have any concerns the union and
members might have addressed by way of mediation/ litigation.
Effectively, this is a lawyers' charter and no organiser is going
to be "waiting at the gate" until they secure written approval
from either a mediator or the Employment Relations Authority to access
the workplace, given that such approval may take days or weeks.

By the time approval has been granted, the purpose for which access
was sought in the first instance may no longer be applicable. Therefore,
in effect, access delayed is access denied.

If may be advisable to took at incorporating the wording of both
sections 20 and 21 of the ERA into collective agreements. Previously,
the courts have viewed these provisions as representing a complete code
governing access by organisers.

Annual holidays/sick leave

It may be worth including a clause in the collective agreement
prohibiting the cashing up of the fourth week's annual leave
entitlement.

Finally, in relation to sick leave, it may be worth including a
provision in the collective agreement that the employer will meet the
cost of any medical certificate they require, and/ of a clause
stipulating no medical certificate will be requested for any sick leave
less than three days.